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One Year Of New Criminal Laws : Key Supreme Court

Judgments On BNS, BNSS
Upasana Sajeev
(/upasana)
1 July 2025 12:34 PM

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The new criminal laws, Bharatiya Nyaya Sanhita, Bharatiya Nagarik Suraksha Sanhita and the
Bharatiya Sakshya Adhiniyam, came into effect exactly a year ago, on July 1, 2024. As we
mark their first anniversary, let us look at how the Supreme Court has interpreted and
applied these provisions over the past year.

SUPREME COURT
Supreme Court Allows Benefit Of Section 479 BNSS To Undertrials In Cases Registered
Before July 1, 2024 (https://www.livelaw.in/top-stories/supreme-court-allows-benefit-of-
section-479-bnss-to-undertrials-in-cases-registered-before-july-1-2024-267487)

Also Read - LiveLaw Celebrates 12 Years with Its Biggest SALE Yet! 60 % Off On 5 Year Plan (/top-
stories/livelaw-12th-anniversary-sale-293978)

Case Title: Re-Inhuman Conditions In 1382 Prisons v. Director General of Prisons and
Correctional Services and Ors., W.P.(C) No. 406/2013

Citation : 2024 LiveLaw (SC) 632

In a significant development, the Supreme Court today (on August 23) held that Section 479
of Bharatiya Nagarik Suraksha Sanhita (BNSS) - the replacement of the Code of Criminal
Procedure- would apply retrospectively to the undertrials across the country. It means that
the provision will apply to all undertrials in cases was registered before July 1, 2024.

Also Read - Important High Court Judgments On BNS, BNSS & BSA : Anniversary Special Edition (/top-
stories/new-criminal-law-judgments-bns-bnss-bsa-latest-judgments-digest-296115)

Supreme Court Refuses To Entertain Plea To Criminalise Sexual Offences Against Men,
Trans Persons & Animals In BNS (https://www.livelaw.in/top-stories/supreme-court-refuses-
to-entertain-plea-to-criminalise-sexual-offences-against-men-trans-persons-animals-in-bns-
272371)

Case Details : Pooja Sharma Versus Union Of India And Anr. W.P.(Crl.) No. 398/2024

Citation: 2024 LiveLaw (SC) 834

The Supreme Court on Monday (October 14) refused to entertain a PIL seeking directions
under Article 142 to include sexual offences against men, trans persons and animals under
the newly enacted Bharatiya Nyaya Sanhita (BNS) which replaced the Indian Penal Code.

Also Read - Supreme Court Allows Substitution Of M3M India Property Provisionally Attached By ED
(/top-stories/supreme-court-allows-substitution-of-m3m-property-provisionally-attached-by-ed-296286)

During the hearing, the bench of CJI DY Chandrachud, Justices JB Pardiwala and Manoj Misra
observed that the Court cannot direct the Parliament to create an offence.
BNSS Provision Capping Maximum Undertrial Term Applies To PMLA : Supreme Court
Grants Bail (https://www.livelaw.in/top-stories/bnss-provision-capping-maximum-undertrial-
term-applies-to-pmla-supreme-court-grants-bail-272873)

Case Title – Badshah Majid Malik v. Directorate of Enforcement

Citation : 2024 LiveLaw (SC) 835

The Supreme Court on Friday (October 18) granted bail to Badshah Majid Malik, an alleged
red sanders smuggler, in a money laundering case under the Prevention of Money
Laundering Act (PMLA), 2002.

Also Read - Director Sujoy Ghosh Approaches Supreme Court To Quash Copyright Infringement Case
Over "Kahaani 2" Film Script (/top-stories/director-sujoy-ghosh-approaches-supreme-court-to-quash-
copyright-infringement-case-over-kahaani-2-film-script-296250)

A bench of Justice Abhay Oka and Justice Augustine George Masih granted bail on the
ground that he had served more than one-third of the maximum sentence for the offence as
per the first proviso to Section 479(1) (Maximum Period for Detention of Undertrial
Prisoners) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS).

Jail Superintendents Should Make Special Efforts To Identify Women Prisoners Eligible For
Release U/s. 479 Of BNSS: Supreme Court (https://www.livelaw.in/top-stories/jail-
superintendents-should-make-special-efforts-to-identify-women-prisoners-eligible-for-
release-us-479-of-bnss-supreme-court-275951)

Case Title: In Re-Inhuman Conditions In 1382 Prisons

Citation: 2024 LiveLaw (SC) 908

The Supreme Court on Tuesday (November 19) directed Jail Superintendents to make special
efforts to identify women prisoners who may qualify for release under Section 479 of the
Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023.

A bench of Justice Hrishikesh Roy and Justice SVN Bhatti also directed the authorities to
verify and update jail records as there may be cases where a person is accused of heinous
crimes but later charges have been framed for a lesser offence, making him eligible for
release.
'BNSS Removed Discriminatory Provision' : Supreme Court Closes Challenge To CrPC
Section Which Says Only Male Family Members Can Accept Summons
(https://www.livelaw.in/top-stories/bnss-removed-discriminatory-provision-supreme-court-
closes-challenge-to-crpc-section-which-says-only-male-family-members-can-accept-
summons-262758)

Case Title: Kush Kalra v. UoI And Anr.

The Supreme Court closed a petition challenging a gender discriminatory provision in the
Code of Criminal Procedure 1973 taking note of the fact that the statute's replacement, the
Bharatiya Nagarik Suraksha Sanhita (BNSS) 2023, has removed the provision.

The petition challenged Section 64 of the Code of Criminal Procedure on the ground that the
said section discriminated against women by treating female members of a family incapable
of accepting summons on behalf of the person summoned.

S.187 BNSS | Supreme Court Affirms HC Judgment That Police Custody Must Be Within
First 40 Days For Offences Punishable Upto 10 Yrs Imprisonment
(https://www.livelaw.in/top-stories/s187-bnss-supreme-court-affirms-hc-judgment-that-
police-custody-must-be-within-first-40-days-for-offences-punishable-upto-10-yrs-
imprisonment-280315)

Case : Hyder Ali v.State of Karnataka (2024)

The Supreme Court on Wednesday refused to interfere with the judgment of the Karnataka
High Court (https://www.livelaw.in/high-court/karnataka-high-court/karnataka-high-court-
section-1873-bnss-police-custody-10-years-maximum-punishment-278798#:~:text=The
Karnataka High Court has,Section 187 BNSS is an)which held that as per Section 187 of the
Bharatiya Nagarik Suraksha Sanhita (BNSS), the 15-day police custody must be sought within
the first forty days in cases of offences which are punishable upto ten years of imprisonment.

S.156(3) CrPC v S.175(3) BNSS | BNSS Mandates Magistrate To Hear Police Officer On
Refusal To Register FIR, Ensures Reasoned Order: Supreme Court
(https://www.livelaw.in/supreme-court/s1563-crpc-v-s1753-bnss-bnss-mandates-
magistrate-to-hear-police-officer-on-refusal-to-register-fir-ensures-reasoned-order-supreme-
court-282727)
Case Title: OM PRAKASH AMBADKAR VERSUS THE STATE OF MAHARASHTRA & ORS.

Citation : 2025 LiveLaw (SC) 139

The Supreme Court recently criticized the routine use of Section 156(3) Cr.P.C. to order
police investigations, even in simple cases where the court could proceed directly to trial,
stressing that magistrates should act judicially, not mechanically as a mere post office.

The Court also highlighted the changes introduced by the Bharatiya Nagarik Suraksha
Sanhita, 2023 (BNSS) in Section 175 (corresponding to Section 156 of the Cr.P.C.), noting that
Section 174(4) of BNSS is a new addition providing additional safeguards for public servants
before an FIR can be registered against them. These safeguards include requiring a report
from their superior officer detailing the facts and circumstances of the incident and
considering the accused public servant's account of the situation that led to the alleged
incident.

BNSS/CrPC Provisions On Rights Of Arrested Persons Applicable To GST & Customs Acts :
Supreme Court (https://www.livelaw.in/top-stories/bnsscrpc-provisions-on-rights-of-
arrested-persons-applicable-to-gst-customs-act-supreme-court-285071)

Case Title: Radhika Agarwal v. Union of India and Ors.

Citation : 2025 LiveLaw (SC) 255

The Supreme Court held that the provisions of the Code of Criminal Procedure (now
Bharatiya Nagarik Suraksha Sanhita) on the rights of accused persons are equally applicable
to the arrests made both under the Customs Act and the GST Act.

For 'Promoting Enmity' Offence, Words Must Not Be Judged On Standards Of Insecure
People Or Those Seeing Criticism As Threat : Supreme Court (https://www.livelaw.in/top-
stories/s-196-bns-promoting-enmity-offence-words-not-judged-standards-insecure-people-
criticism-threat-supreme-court-287814)

Case Title – Imran Pratapgadhi v. State of Gujarat

Citation : 2025 LiveLaw (SC) 362

The Supreme Court on held that for an offence under section 196 (promoting enmity
between groups) of Bharatiya Nyaya Sanhita alleged on the basis of written or spoken words,
the standard to judge effect of the words should be that of a reasonable, firm, individual
rather than an insecure person.

PMLA Accused Entitled To Hearing Before Cognizance Is Taken Of ED Complaint Filed After
BNSS Came Into Effect: Supreme Court (https://www.livelaw.in/supreme-court/pmla-
accused-entitled-to-hearing-before-cognizance-is-taken-of-ed-complaint-filed-after-bnss-
came-into-effect-supreme-court-291756)

Case Title: Kushal Kumar Agarwal v. Directorate of Enforcement

Citation: 2025 LiveLaw (SC) 642

The Supreme Court held that before taking cognizance of a money laundering complaint
under section 44(1)(b) of the Prevention of Money Laundering Act (PMLA), the special court
has to give opportunity to the accused to be heard as per the proviso to Section 223(1) of
the Bharatiya Nagarik Suraksha Sanhita, 2023.

A bench comprising Justice Abhay S Oka and Justice Ujjal Bhuyan quashed the cognizance
order passed by the Special Court dated November 20, 2024, after noting that the BNSS,
which came effect from July 1, 2024, mandated pre-cognizance hearing of the accused as
per Section 223(1). Such a provision was not present in the earlier Code of Criminal
Procedure.

The bench noted that in Tarsem Lal vs ED (https://www.livelaw.in/tags/tarsem-lal-v-

directorate-of-enforcement), it was held that a complaint filed by Enforcement Directorate
under Section 44(1)(b) of PMLA will be governed by Sections 200 to 204 of the CrPC. As a
corollary, provisions of chapter 16 (sections 223 to 226 of BNSS) will also apply to the
complaint under Section 44 of PMLA.

Difference Between FIR Registration Provisions Under S. 154 CrPC & S. 173 BNSS:
Supreme Court Explains (https://www.livelaw.in/top-stories/difference-between-fir-
registration-provisions-under-s-154-crpc-s-173-bnss-supreme-court-explains-288077)

Case Title – Imran Pratapgadhi v. State of Gujarat

Citation : 2025 LiveLaw (SC) 362

The Supreme Court recently explained the difference between the provisions governing the
registration of a First Information Report (FIR) and the conduct of preliminary inquiry under
CrPC and its replacement Bharatiya Nagarik Suraksha Sanhita.

The Court observed that while Section 173(1) of BNSS is substantially similar to Section 154
CrPC regarding the recording of information, the additional provision of a preliminary inquiry
under Section 173(3) before registering an FIR in certain cases is a “significant departure”.

Preliminary Enquiry Under Section 173(3) Of The BNSS -- The Supreme Court Solves The

Riddle (https://www.livelaw.in/articles/supreme-court-judgment-imran-pratapgadhi-vs-state-

of-gujarat-explains-preliminary-inquiry-section-173-bnss-287964)

Case Title – Imran Pratapgadhi v. State of Gujarat

Citation : 2025 LiveLaw (SC) 362

Section 173(3) is a newly introduced provision in the Bharatiya Nagarik Suraksha Sanhita,
2023 (for short 'the BNSS'). This provision has given statutory recognition to the procedure
of conducting preliminary enquiry by a police officer. However, the debate has been going
on in the legal circles as to how this provision could be reconciled with the judgment of the
Constitution Bench of the Supreme Court in Lalita Kumari, and whether the preliminary
enquiry envisaged under the new provision in the BNSS has to be conducted before or after
the registration of FIR. In the case of Imran Pratapgadhi (https://www.livelaw.in/top-
stories/supreme-court-mandates-preliminary-inquiry-before-fir-on-certain-offences-related-

to-speech-expressions-287891) , the Supreme Court has given answers to these intriguing

questions.

Also Read - (https://www.livelaw.in/top-stories/new-criminal-law-judgments-bns-bnss-bsa-

latest-judgments-digest-296115) Important High Court Judgments On BNS, BNSS & BSA :
Anniversary Special Edition (https://www.livelaw.in/top-stories/new-criminal-law-judgments-
bns-bnss-bsa-latest-judgments-digest-296115)

Tags Bharatiya Nagarik Suraksha Sanhita (BNSS) And Bhartiya Nyaya Sanhita (BNS) Annual Digest 2024
(https://www.livelaw.in/tags/bharatiya-nagarik-suraksha-sanhita-bnss-and-bhartiya-nyaya-sanhita-bns-
annual-digest-2024)